Musicologists Come to Katy Perry's Defense in 'Dark Horse' Case: Verdict Is 'Inhibiting the Work of Songwriters'

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Katy Perry’s defense team has enlisted several prominent musicologists in its plea to overturn last year’s verdict against the singer for copyright infringement

and others involved in creating and distributing the 2013 single “Dark Horse” improperly followed the court’s instructions in reaching their verdict. They claim that because the plaintiffs failed the so-called “extrinsic” test for copyright infringement, they never should have applied the “intrinsic” test in the first place.

“The jury as fact finder only reaches the question of intrinsic similarity after it has been established that the defendant’s work is extrinsically substantially similar to the plaintiff’s protectable expression,” the brief reads. “If a jury finds that there is no extrinsic similarity, as it should have here, it may not evaluate the works for intrinsic similarity.

Musicologists behind the brief claim that the extrinsic test failed because the eight-note ostinato at issue in the case -- contained in the 2008 rap single “Joyful Noise” by Christian rapper Flame , who first sued Perry in July 2014 -- is made up of unprotectable musical “building blocks." They further allege that the sequence of pitches comprising the ostinato -- i.e. how the building blocks work in combination -- is “trite” and not deserving of copyright protection.

Later in the brief, the musicologists claim that after inputting the “Joyful Noise” ostinato into musical search engine

 

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ConCalma BestRemix iHeartAwards

Better that the rapper has not spent the coin... poorgreedyrappercoming ConCalma BestRemix iHeartAwards KP5 KP5IsComing

Given that I can barely tell the difference between Katy Perry and the other pop stars who have their voices pitch corrected over a quarter time computer drum pattern, I find it hard to give a shit. Pop needs musicians with a work ethic. Like Prince. Prince worked his ass off.

najakaty PERIODT

Go Katy! It was a stupid case to begin with! Should never have been prosecuted in the first place!

You can infringe copyright without plagiarizing or even being aware of the thing you're infringing on. The law is garbage but it was followed here Here's a lawyer explaining

Katyastraltrav1 Justice for Titty Perry

She's coming back at them like a dark horse. It's what she always do. BTW, let's all vote for ConCalma as the BestRemix on iHeartAwards

The songs sound nothing alike im so confused

Yas ConCalma BestRemix iHeartAwards

hell hath no fury like a woman reborn

perrysfreak and they’re gonna win we love to see it stream never really over and harleys in hawaii

yaasss queen Concalma BestRemix iHeartAwards

It's not like she made the beat It was some producer she paid That's actually lazy But then again, that's pop music

Period

najakaty Katy Perry is gonna win! ConCalma BestRemix iHeartAwards

TheKPVotes She's coming for the crown ConCalma BestRemix iHeartAwards

najakaty katyvodoo is coming to slay ConCalma BestRemix iHeartAwards

Queen 👑

Queen

SHE'S ABOUT TO END HIM WE LOVE TO SEE IT

anyways ✨STREAM MANIC JANUARY 17✨

kcestrabao Se isso for levado adiante, os músicos, não vão sobreviver a enxurrada de processos futuramente.

Meh, Dark Horse is a miserable, blatant copy of something original and if you can't hear that, you're part of the problem.

She is coming

Yea. This is a hard one, I hear the note-similarities; yet Flame's 'Joyful Noise' seemingly has one-long succession (of monotone beeps) ... while 'Dark Horse' is a full-fledged song. Feels like it's more of a coincidence, then a copyright infringement.

Legend

Legend ❤️

queen 🔥

Fada

he's over wbk

Legend

damn, that’s tough

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